Ex parte FREIER et al. - Page 11




          Appeal No. 2000-1182                                                        
          Application No. 08/957,554                                                  


          page 7) to create the roughened surface, which forms randomly-              
          spaced pits.)  Ishiharada II teaches that the roughening of                 
          the cladding of a waveguide should be increased along the                   
          length of the waveguide with distance from the light source to              
          provide uniform luminance along the length of the waveguide.                
          For reasons we have discussed above, we find that it would                  
          have been obvious for one of ordinary skill in the art to                   
          alter the single degree of roughness in Ishiharada I to a                   
          plurality of degrees of roughness to make the luminance of                  
          Ishiharada I uniform, as taught by Ishiharada II.                           
               Since claims 20 and 21 were argued separately by                       
          appellants, and since the same arguments would apply to the                 
          new ground of rejection, we will treat them individually here.              
          We disagree with appellants (Brief, page 8) that "there is no               
          indication that sandblasting is within the scope of ...                     
          [Ishiharada I's] blast treatment."  We agree with the examiner              
          (Answer, page 8) that the skilled artisan would consider                    
          sandblasting as the primary type of blast treatment                         
          contemplated by Ishiharada I.  The level of the skilled                     
          artisan should not be underestimated.  See In re Sovish, 769                
          F.2d 738, 743, 226 USPQ 771, 774 (Fed. Cir. 1985).  Similarly,              
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